Can a Parent or Guardian File a Personal Injury Lawsuit on Behalf of a Minor in Illinois?

When a child is injured because of someone else’s negligence, parents often have one overwhelming concern: How do I protect my child’s future? Beyond emergency medical treatment and emotional recovery, many families wonder whether a child can pursue compensation for medical expenses, pain and suffering, future treatment, and other damages.

The answer in Illinois is yes, but not in the same way an adult can. Because minors generally cannot file lawsuits on their own, a parent or legal guardian usually brings the claim on the child’s behalf. Illinois courts also play an important role in protecting the child’s interests by reviewing many settlements involving minors before they become final.

At John J. Malm & Associates, we have represented injured children and their families throughout Illinois for decades. Understanding how these cases work can help parents make informed decisions during an already difficult time.

“When a child is injured because of someone else’s negligence, the legal system should protect that child’s future, not just compensate today’s medical bills. Every case deserves careful preparation so the child has the resources they may need for years to come.” — John J. Malm, Naperville personal injury attorney

Can a Minor File a Personal Injury Lawsuit in Illinois?

Under Illinois law, individuals under the age of 18 generally lack the legal capacity to file a lawsuit on their own. Instead, a lawsuit is typically filed by:

A parent
A legal guardian
Another court-approved representative acting on the child’s behalf

The lawsuit belongs to the child, not the parent. The parent simply acts as the representative throughout the litigation process until the case concludes or the child reaches adulthood. If there is a potential conflict between the child’s interests and those of the parents, the court may appoint a guardian ad litem or another representative to ensure the child’s rights are protected.

Why Does Illinois Require an Adult to File the Lawsuit?

Children are not legally permitted to enter contracts, make binding legal decisions, or manage litigation. Instead, Illinois law requires an adult representative because personal injury lawsuits often involve:

Negotiating with insurance companies
Making legal decisions
Authorizing medical record releases
Filing court pleadings
Deciding whether to accept settlement offers

The adult representative has a fiduciary duty to act in the child’s best interests throughout the case.

How Common Are Child Injuries?

Unfortunately, childhood injuries remain one of the leading causes of death and hospitalization in the United States. According to the Centers for Disease Control and Prevention:

Unintentional injuries are the leading cause of death for children ages 1–19.
Millions of children visit emergency departments each year because of accidental injuries.
Motor vehicle crashes, falls, drowning, burns, sports injuries, and bicycle accidents remain among the leading causes of serious childhood injuries.

The National Safety Council also reports that preventable injuries account for millions of emergency room visits involving children annually.

Common Personal Injury Cases Involving Minors

Children may suffer injuries in nearly every type of personal injury case, including:

Car accidents
School bus accidents
Bicycle crashes
Pedestrian accidents
Dog bites
Playground injuries
Swimming pool accidents
Daycare negligence
Defective products
Premises liability accidents
Sports injuries
Nursing home visits involving unsafe conditions

Children often experience injuries differently than adults because their bones, brains, muscles, and organs are still developing.

Who Receives the Settlement?

One of the biggest misconceptions is that the parent receives the money. Generally speaking:

The child’s damages belong to the child.
Parents may recover certain expenses they personally incurred, such as some medical bills.
Compensation for the child’s pain and suffering, disability, future care, and future lost earning capacity belongs to the minor.

Illinois courts carefully review settlements to ensure the child’s interests, not the parents’ interests, are protected.

Does Every Settlement Need Court Approval?

In many Illinois cases involving minors, yes. Court approval serves several important purposes:

Ensures the settlement is fair.
Confirms the amount adequately compensates the child.
Reviews attorney fees.
Determines how settlement proceeds should be protected.
Prevents misuse of the child’s money.

A judge may require documentation regarding:

Medical records
Future treatment
Settlement calculations
Attorney fees
Distribution of proceeds

Courts may also appoint a guardian ad litem if necessary to independently evaluate whether the proposed settlement serves the child’s best interests.

What Happens to the Child’s Money?

Depending on the settlement amount, the court may order funds to be:

Deposited into a restricted account
Held by a guardian of the estate
Placed into a structured settlement
Managed through another court-approved arrangement

The goal is to preserve the child’s financial recovery until adulthood while allowing access for approved expenses when appropriate.

What Types of Damages Can a Child Recover?

An injured minor may recover compensation for numerous losses, including:

Past medical expenses
Future medical treatment
Physical pain
Emotional distress
Permanent disability
Disfigurement
Loss of normal life
Future therapy
Future rehabilitation
Reduced earning capacity

Every case depends upon the child’s injuries and prognosis.

How Long Does a Parent Have to File?

Illinois has unique rules regarding minors. While most adult personal injury claims are subject to relatively short statutes of limitation, the time limits involving injured children are often different because the law recognizes that minors cannot pursue claims independently. Certain limitation periods may be tolled until the child reaches adulthood, although exceptions and different deadlines can apply depending on the type of claim and the defendant involved. Because missing a filing deadline can permanently bar recovery, parents should speak with an experienced Illinois personal injury attorney as soon as possible after an accident rather than waiting.

What If the Parent Was Also Injured?

It is common for both parent and child to suffer injuries in the same accident. For example:

A family car accident
A truck collision
A bicycle crash
A pedestrian accident

Separate claims may exist for:

The parent’s injuries
The child’s injuries
Medical expenses
Losses unique to each injured person

Although the claims may proceed together, the child’s recovery remains legally distinct.

Why Children’s Injury Cases Are Different

Children are not simply “small adults.” Their injuries may:

Affect future growth
Require years of monitoring
Cause developmental delays
Lead to permanent disabilities
Result in future surgeries
Produce lifelong emotional trauma

Medical experts often cannot immediately determine the full extent of a child’s future damages. Because of this uncertainty, experienced attorneys frequently work closely with pediatric specialists, economists, rehabilitation experts, and life-care planners.

Insurance Companies Often Undervalue Children’s Claims

Insurance companies sometimes argue:

Children recover quickly.
Young children cannot remember the trauma.
Future treatment is speculative.
Emotional injuries are temporary.

These assumptions are often incorrect. A child who suffers a traumatic brain injury, spinal injury, fracture involving a growth plate, or psychological trauma may experience lifelong consequences. A thorough investigation and expert medical opinions are often necessary to fully value these claims.

Why Hiring an Experienced Illinois Child Injury Attorney Matters

Minor injury cases involve legal procedures that differ significantly from standard personal injury claims. An experienced attorney can help by:

Investigating the accident
Preserving evidence
Interviewing witnesses
Working with pediatric medical experts
Calculating future damages
Negotiating with insurers
Preparing the case for trial if necessary
Obtaining court approval of settlements
Protecting settlement funds for the child

These additional safeguards help ensure that the child’s long-term interests remain the priority.

Frequently Asked Questions about Personal Injury Claims for Children

Can both parents file the lawsuit?

Usually, one parent or legal guardian files the lawsuit on behalf of the child. The specific circumstances of custody or guardianship may affect who serves as the representative.

Can a child receive compensation for pain and suffering?

Yes. Illinois law allows injured minors to pursue compensation for non-economic damages such as pain, emotional distress, disability, and loss of a normal life when supported by the evidence.

Does every child’s settlement require a judge’s approval?

Many settlements involving minors require court approval to ensure they are fair and in the child’s best interests. The requirements may vary depending on the circumstances and the amount of the settlement.

Can parents spend the settlement money?

Generally, funds awarded for the child’s injuries belong to the child. Court supervision or restricted accounts are often used to protect those funds until the child reaches adulthood or until court-approved expenditures are authorized.

What if my child was injured at school?

Potential claims may exist against negligent individuals or entities, but cases involving public schools or governmental agencies can involve special notice requirements and deadlines. Prompt legal advice is essential.

Should I wait until my child is older?

No. Important evidence can disappear quickly, witnesses’ memories fade, and certain legal deadlines may apply despite a child’s age. Speaking with an attorney as soon as possible helps preserve your child’s rights.

Contact John J. Malm & Associates After Your Child Has Been Injured

Watching your child suffer after a preventable accident is one of the most difficult experiences a parent can face. While no lawsuit can undo what happened, pursuing a personal injury claim can help provide the financial resources your child needs for medical care, rehabilitation, future treatment, and a more secure future.

At John J. Malm & Associates, we understand the unique legal protections that apply to injured children in Illinois and are committed to guiding families through every step of the process with compassion and experience. If your son or daughter has been injured because of someone else’s negligence, don’t wait to learn about your legal rights. Contact John J. Malm & Associates today for a free consultation, and let our experienced Illinois personal injury attorneys help protect your child’s future.